Family And Medical Leave Act
Alabama Employee Rights Attorney
Under the Family and Medical Leave Act (FMLA), employers subject to the law must provide qualifying employees with up to 12 weeks of leave during a one-year period. An employee may be entitled to FMLA leave for her own medical condition, or because she needs to care for a family member.
It is unlawful for an employer to punish an employee for taking leave under the FMLA. However, not all leave qualifies and not all employees are entitled to FMLA leave. If an employer refuses to grant FMLA leave, or retaliates against an employee for requesting the leave, the employee may complain to the US Department of Labor and file a lawsuit. The employer may have to pay the attorneys for both sides if an FMLA lawsuit is filed.
Covered Employers Under The FMLA
The FMLA applies to “covered” employers, which generally means the employer is a:
- Private-sector employer, with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer
- Public agency, including a local, state, or Federal government agency, regardless of the number of employees it employs
- Public or private elementary or secondary school, regardless of the number of employees it employs
Eligible Employees Under The FMLA
An “eligible” employee is generally one who:
- Works for a covered employer
- Has worked for the employer for at least 12 months
- Has at least 1,250 hours of service for the employer during the 12 month period immediately preceding the leave
- Works at a location where the employer has at least 50 employees within 75 miles
Representing Employees In Employment Claims
It can be a complex task to determine whether an employer is covered by the FLMA, whether an employee is eligible for leave, whether FMLA exceptions apply, and/or whether the law has been violated can be complex.
If you believe an employer has interfered with your right to take FMLA leave, or retaliated against you, contact us to speak with an experienced Alabama employment lawyer. There is no fee for an initial consultation.